Devender Kumar & Others vs State Of Uttarakhand

Lok Pal Singh, J

Since the controversy involved in this batch of petitions is same, therefore, these writ petitions are being disposed of by this common judgment. By means of present writ petitions, the petitioners are seeking following relief:

(i) Issue a writ, rule, order or direction in the nature of mandamus commanding and directing the respondents to direct the respondents to fix the salary of petitioner in the revised pay scale of Rs. 1400-2600, as per the G.O. dated 19.07.1989 w.e.f. the date, as an when, the aforesaid scale was introduced and made applicable as well as paid to the Laboratory Assistants, and also in the light of judgment passed by this Court in the SPA No. 274 of 2008 and Writ Petition No. 306 (S/S) of 2011.

(ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to pay the benefit of revised pay scale/salary of the post of Laboratory Assistant to the petitioner alongwith subsequent revised pay scale and also pay the difference of salary as arrears of salary, as has been paid to their counterpart Laboratory Assistant working under Kumaon Mandal in the light of judgment passed by this Hon'ble Court.

(iii) Issue a writ, rule, order or direction in the nature of mandamus commanding and directing the respondents to take decision on the representation of petitioner in the light of judgment passed by this Hon'ble Court in SPA No. 274 of 2008 and writ petition no. 306 (S/S) of 2011 and the order passed by respondent in pursuance of direction of this Hon'ble court regarding payment of revised salary to similarly situated Laboratory Assistants.

Case of the petitioners, in a nutshell, is that they were appointed on the posts of Laboratory Assistant on different dates with the third respondent. It is contended that the Government of Uttar Pradesh, on the recommendations of Samta Samiti, had granted the benefit of 4th pay commission to all the State Employees and accordingly issued a Government Order dated 19.07.1989, whereby the Pay Scale of Laboratory Assistant, was revised to the tune of Rs. 1400-2600, but the third respondent had not paid the said pay scale to the Laboratory Assistants, who were working in the hill areas of the State of U.P. has been paid to their counter parts working in the plain cadre.

Learned Counsel for the petitioners would submit that one Sri Harshwardhan Kala filed a petition before the Hon'ble Allahabad High Court. The said petition was transferred to this Court and was re-numbered as WPSS No. 1589 of 2001. He would further submit that the said petitioner was dismissed by the learned Single Judge of this Court vide order dated 25.03.2005 and feeling aggrieved against the said petitioner has filed Special Appeal No. 274 of 2008 assailing the order dated 25.03.2005. He would further submit that the Division Bench of this Court allowed the appeal vide judgment dated 18.02.2010.

Learned counsel for the petitioners would further submit that the coordinate bench of this Court in WPSS No. 306 of 2011 and analogous matters decided the similar controversy in favour of the petitioners. He would further submit that the case of the petitioners are squarely covered by judgment dated 24.03.2017 passed in WPSS No.306 of 2011 and analogous matters. He prayed that the writ petitions of petitioners be disposed of in view of the judgment passed in WPSS No. 306 of 2011.

Learned Standing Counsel does not dispute the above submission made by learned counsel for the petitioner and submit that the Court may decide the writ petition in the light of aforesaid judgment.

Having considered the submission of learned counsel for the parties and having perused the judgment dated 24.03.2017 passed in WPSS No.306 of 2011 and analogous matters, this Court is satisfied that the case of the petitioner is squarely covered by the judgment dated 24.03.2017. Accordingly, writ petition is disposed of with a direction to the respondents to fix the salary of the petitioners to the revised pay scale of Rs. 1400-2600 along with the arrears in pursuance of the Government Order dated 19.07.1989 within a period of six weeks from the date of presentation of certified copy of this order.

No order as to costs.

All pending applications stand disposed of accordingly.